Protecting Survivor Benefits

Across the country, states routinely take children’s Social Security, disability, and survivor benefits. Those benefits are the child’s property. Our reforms stop agencies from taking children’s resources and instead require that they be preserved in trust for the child’s future.

Key Points

Financial Protection: We are ending the seizure of at least $179 million in Social Security benefits taken from children in foster care by state agencies every year.

State agencies take millions of dollars from orphaned children and children with disabilities while they’re in foster care.

Events & Testimonies

  • Smiling young girl with blonde hair and floral-patterned sleeves, representing hope and resilience in foster care advocacy.

    Testimony: FOSTER CARE STATISTICS & POTENTIAL FEDERAL REFORMS

    Dear Mr. President, The Center for the Rights of Abused Children (Center) is driven to protect children, change laws, and inspire people – to ensure every abused child has a [...]

  • Hands shaking in a professional setting, symbolizing legal support and collaboration for child welfare and representation in dependency proceedings.

    Testimony: Strengthening Child Welfare

    Strengthening Child Welfare by Reauthorizing Title IV-B of the Social Security Act to Provide Traditional Counsel for Children The Center for the Rights of Abused Children supports H.R. 8810 to [...]

  • Girl in a white sweater with a golden heart, smiling and playing in a sunlit grassy yard, surrounded by bubbles, representing joy and childhood innocence in the context of child welfare advocacy.

    NYC Comment: Social Security Benefit Referrals for Children in Foster Care

    The Center for the Rights of Abused Children' s History on the Issue After becoming aware of the fact that states were using more than $160 million of children's federal [...]

  • Smiling girl with braided hair in a yellow t-shirt, standing confidently with arms crossed, in a park setting, representing the importance of stability and support for children in care.

    Testimony: Support House Bill 2552

    Requires the preservation and protection of federal benefits that belong to a child in the care of the children’s division. These benefits include those that are administered by the Railroad [...]

  • Smiling young child reaching out with hand, surrounded by greenery, symbolizing hope and the importance of child welfare in foster care advocacy.

    Testimony: Preserving Social Security Administration Benefits for Foster Youth – SUPPORT

    On behalf of the Center for the Rights of Abused Children (Center), I write in support of AB 1512 (Bryan). This critical initiative protects and preserves federal benefits that belong [...]

  • Child sitting on a rock in a natural setting, wearing a purple hoodie and a hat, reflecting themes of childhood and outdoor exploration related to child welfare advocacy.

    Testimony: A.B. 8036 and S.B. 7778

    The proposed policy seeks to conserve and maximize a child’s federal benefits within applicable asset limitations and to ensure those benefits are used exclusively for the individual unmet needs and [...]

Op-Eds

  • Woman embracing a smiling boy, conveying warmth and love, symbolizing the importance of family and support for children in foster care.

    Why July 4th marks a new era of independence for youth aging out of foster care

    History does not always arrive with fanfare. Sometimes it arrives softly and humbly, and only in hindsight does the landmark moment become clear. That is how it came last week, when First Lady Melania Trump announced Fostering the Future Accounts, a new path to savings accounts for children in foster care. When the broader Trump [...]

  • Young girl reading a book, focused expression, indoor setting, natural light, emphasizing education and literacy in the context of foster youth benefits.

    My View: Gov. Hobbs must protect and preserve foster children’s survivor benefits

    Read as we advocate for a bill currently in the Arizona Legislature that would stop the Arizona Department of Child Services from taking survivor benefits from the state's foster children. So far, House Bill 2559, has received strong bipartisan support.

  • Girl in a white sweater with a golden heart, smiling and playing in a sunlit grassy yard, surrounded by bubbles, representing joy and childhood innocence in the context of child welfare advocacy.

    Congress should protect foster children’s Social Security benefits

    Read more here.

Research & Reports

  • Group of diverse teenagers smiling together, representing friendship and support, highlighting the importance of community for youth aging out of foster care.

    Model Executive Order Protecting Benefits for Children in Foster Care

    Center for the Rights of Abused Children Releases a Model Executive Order Protecting Social Security, Disability, and Survivor Benefits for Children in Foster Care.

  • Smiling young girl with curly hair, hands in hair, outdoors in a natural setting, representing themes of childhood and family stability in foster care.

    Sample executive order to stop states from taking youth benefits

    Sample Executive Order An order prohibiting the state department of child safety (department) from taking rightful federal benefits away from a child in foster care and requiring the department to [...]

  • Children playing on a tire swing in a park, emphasizing youth engagement and outdoor activities.

    Preservation of Youth Benefits

    Kendall Seal VP of POLICY at the Center for the Rights of Abused Children, and other experts discuss the passage and implementation of the first comprehensive state law in the [...]

  • Person writing on documents, emphasizing advocacy for child welfare and legislative support.

    Protecting the Federal Benefits of Children in Foster Care

    The Problem Under federal law, many foster children are owed survivor benefits (including social security and veterans benefits) if their parents died, or if they have a disability (social security [...]

Resources & Tools

Podcasts & Audio

Television & Video

Model Reforms

  • On behalf of the Center for the Rights of Abused Children (Center), I write in support of AB 1512 (Bryan). This critical initiative protects and preserves federal benefits that belong to the child by requiring counties to properly screen for eligibility, apply for the benefits on behalf of the child, and direct, spend, and conserve [...]

  • The proposed policy seeks to conserve and maximize a child’s federal benefits within applicable asset limitations and to ensure those benefits are used exclusively for the individual unmet needs and best interests of the child. Letter of Support-NY Economic Justice for Kids in Foster Care

  • The Problem Under federal law, many foster children are owed survivor benefits (including social security and veterans benefits) if their parents died, or if they have a disability (social security income). Many states apply for foster children’s benefits as the “representative payee” (often without the youth or their attorneys knowing) and then use those benefits to [...]